Under aged Drinking

[Cowboy_Up]

What is the name of your state?: Pennsylvania

I was at a friends house with 16 people there (the house houses 13 people so the amount of people was minuscule for the house), 8 were 21 or older and 8 were under aged. The police entered the house without permission because we were being "too loud". Upon entrance they took everyone's ID and cited everyone who was under aged for under aged drinking because they smelled alcohol in the room. Those who were 21 had been drinking that night but I had not, they did not ask if I had been drinking or not and they did not administer a sobriety test or breathalyzer. Also at the time of entrance there were no open containers or alcohol present. If I would take this to court could I win based on lack of evidence and forceful entrance? (this is also my first offence)

 

[mistoffolees]

What is the name of your state?: Pennsylvania

I was at a friends house with 16 people there (the house houses 13 people so the amount of people was minuscule for the house), 8 were 21 or older and 8 were under aged. The police entered the house without permission because we were being "too loud". Upon entrance they took everyone's ID and cited everyone who was under aged for under aged drinking because they smelled alcohol in the room. Those who were 21 had been drinking that night but I had not, they did not ask if I had been drinking or not and they did not administer a sobriety test or breathalyzer. Also at the time of entrance there were no open containers or alcohol present. If I would take this to court could I win based on lack of evidence and forceful entrance? (this is also my first offence)

Forceful entrance? So the police knocked the door down?

If what you say is really true - you weren't drinking and there were no open containers or alcohol present (let's just say I'm a little skeptical), then you should be able to get your charges dropped or dismissed. Get an attorney.

And then stop spending your time at drunken frat parties until you're 21.

 

[Cowboy_Up]

I'm not sure why your skeptical, its not like i'm going to get on here and lie to get misinformed to loose a court case. I want real advice, if I lie I cant really get that. Also I plan on representing myself.

 

[KnownOne]

Supremely Proximate

Was anyone smoking pot in the residence?

 

[Cowboy_Up]

No there was no one smoking pot in the house.

 

[Cali408nia]

I'm not sure why your skeptical

Skeptical that there were no alcohol or open containers present, especially when the reason for the cops being there was for being too loud. And you admitted alcohol was being consumed by the people over 21. We all know what a party is like when most of the people there are between 16 and 25. There's lots of drinking and lots of noise, and rarely do people clean up their open beer containers as they go.

Who knows, maybe you drank and maybe you didn't. I knew somebody in high school who used the term cowboy up all the time and he was a huge drinker. I don't think he could put together comprehensive sentences like you can though, so who knows.

I'm interested in the legal advice others give as well. The percentages are in favor that everyone there had a drink, and that's what the cops acted on. But just because those are the percentages doesn't mean your situation is justified legally if you really didn't drink.

 

[mistoffolees]

I'm not sure why your skeptical, its not like i'm going to get on here and lie to get misinformed to loose a court case. I want real advice, if I lie I cant really get that. Also I plan on representing myself.

Then I would suggest that you get your story straight. First, you say that the over 21 crowd was drinking and the room smelled of alcohol. Then you say that there were no open containers present. Now, it's possible that you could have hidden them when the police showed up, but that is inconsistent with the police forcing their way into the house.

Bottom line is that you were at a party where alcohol was present by your own admission. The party was too loud and the police came. Then you were cited for something. Please tell us exactly what you were charged with - I'll bet it's not underage drinking, but rather minor in possession.

Legally, I gave my response above. If you weren't drinking and there was no alcohol present, then you should be able to get your charges dropped. You can either get an attorney or you can spend the time learning the law and the court procedures and doing it yourself. Frankly, I think you're making a mistake by trying this yourself - since your story isn't self-consistent.

 

[Cowboy_Up]

the people over 21 were drinking a one point, i also said that upon the point of entrance there was no alcohol present...there was a time laps. by the time the cops came in all the stuff was cleaned up. i never said it was a party either, it was a few friends getting together to hang out and chill (we were sitting in the living room talking, it just so happened that a few of the friends that were 21 brought some alcohol with them. i guess it would be beneficial to the argument to state that the campus that i am currently on is on a "taking back the town" agenda from the "drunken college kids" (even though it is a college town that wouldn't be their if not for the campus itself), so pretty much anything above a normal talk after 11 pm is considered loud. i do not live in the house that i was at, hence the i was at a friends house statement, so it was not admissible under my terms and i was cited with underaged drinking. my story was not inconsistent, you just need to read more carefully.

 

[mistoffolees]

the people over 21 were drinking a one point, i also said that upon the point of entrance there was no alcohol present...there was a time laps. by the time the cops came in all the stuff was cleaned up. i never said it was a party either, it was a few friends getting together to hang out and chill (we were sitting in the living room talking, it just so happened that a few of the friends that were 21 brought some alcohol with them. i guess it would be beneficial to the argument to state that the campus that i am currently on is on a "taking back the town" agenda from the "drunken college kids" (even though it is a college town that wouldn't be their if not for the campus itself), so pretty much anything above a normal talk after 11 pm is considered loud. i do not live in the house that i was at, hence the i was at a friends house statement, so it was not admissible under my terms and i was cited with underaged drinking. my story was not inconsistent, you just need to read more carefully.

You've already gotten your answer several times yet you continue to argue about it. Maybe you need to read more carefully.

In any event, several people have expressed their skepticism that there was absolutely no alcohol or open containers and the police forced their way in and wrote you up for underage drinking. But, regardless, the advice is correct. For the last time, if there was no alcohol and you weren't drinking, you should be able to get the charges dropped. However, given your argumentativeness, I would suggest that you hire an attorney.